§ 25-1086.Qualifications of receiver; sureties; objections; nomination by other parties.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets any party challenge the proposed receiver or sureties, offer proof of the property’s value, and nominate an alternate receiver and sureties, while barring anyone with a stake in the suit — a party, their lawyer, or counsel — from serving as receiver.
Full Text of § 25-1086
Text size
Any party to the suit may, upon the hearing of the application, show, by affidavit or otherwise, objections to the proposed sureties and to the proposed receiver, and what is the value of the property to be taken possession of, and that a receiver ought not to be appointed. He may also nominate a person to be receiver, giving at the same time the names of his proposed sureties. No person shall be
appointed receiver who is party, solicitor, counsel, or in any manner interested in the suit.
Section 25-1086 gives the hearing on a receiver application some teeth. Any party can show, by affidavit or otherwise, objections to the proposed receiver and to the proposed sureties, and can put in evidence of what the property to be taken is worth, arguing that a receiver ought not to be appointed at all.
A party unhappy with the applicant’s choice of receiver is not limited to objecting. The statute lets that party nominate its own candidate for receiver, along with the names of that candidate’s proposed sureties, giving the court competing options instead of a single take-it-or-leave-it proposal.
One rule applies regardless of who nominates whom: nobody with a stake in the outcome can serve. A party to the suit, or a solicitor, counsel, or anyone otherwise interested in the suit, cannot be appointed receiver. The role calls for a neutral custodian, not someone with a personal interest in how the case comes out.
Frequently Asked Questions
Can I object to the person proposed as receiver?
Yes, by affidavit or otherwise, at the hearing on the application.
Can I propose a different receiver than the one the applicant nominated?
Yes. A party may nominate a person to be receiver, along with that person’s proposed sureties.
Who is disqualified from serving as receiver?
Anyone who is a party to the suit, or its solicitor, counsel, or otherwise interested in it.
Can I challenge the value the applicant places on the property?
Yes. A party may show by affidavit or otherwise what the value of the property to be taken possession of is.
Does this section decide who wins a dispute over who serves as receiver?
No. It sets the process for raising objections and nominations, leaving the decision itself to the court.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:who can be a receiver nebraskaobjecting to proposed receiver nebraskadisqualified receiver conflict of interest25-1086 qualificationsnominate alternate receiver nebraska